1. Substance abuse & criminal charges {Bridges Not Barriers}
The Role of the District Attorney
Substance abuse & criminal charges {Bridges Not Barriers}

2. Drug Crimes
*Possession of a Controlled Substance-methamphetamine, cocaine, heroin, methadone, oxycodone, MDMA
ALL FELONIES by statute
Delivery of a Controlled Substance
Manufacture of a Controlled Substance
*PCS often in tandem with other offenses

3. Felony Sentencing Guidelines
Governed by Statute
Presumptive Probation-with varying levels of supervision. Conditions often include mandated treatment & community service or jail time. Low-levels of supervision by parole and probation. Many are in this category.
County Jail-may be ordered in lieu of probation for chronic offenders with a demonstrated past history of probation violations & treatment resistance.
Prison is NOT an option for the PCS offender.

4. Effect of Felony Conviction
Barrier to Employment
Barrier to Housing
Collateral Consequences: Prohibition on Firearm Possession, Military Ramifications for Service, Family Consequences, License Suspensions

5. The Numbers
2015- The Marion County DA’s Office filed 862 Felony PCS charges
An additional 555 Felony PCS charges were not filed on first time offenders or those with only trace amounts of narcotics

6. Considerations for DA Accountability
Community Safety-children, families always a priority
Livability for Community Members
Proper Stewardship Over Public Prosecutorial Resources
Rehabilitation

7. Rehabilitation as a Consideration
Statutory scheme for PCS charges is an attempt to address a PUBLIC HEALTH PROBLEM using the CRIMINAL JUSTICE SYSTEM.
Effectiveness? Deterrence?

8. How Do We Address This?
Utilize the criminal justice system as a bridge to treatment and rehabilitation rather than a barrier to productive lives

9. TWO PART MODEL
Step I:
Exercise the discretion of the DA to shift charging practice to misdemeanor-level charges for NEW offenders (early intervention)
File all legally-sound offenses
Offer diversionary probations with dismissal of charges available for successful completion
Maximize use of our successful treatment courts to assist probationers

10. TWO PART MODEL
Step II:
Collaborative Effort for chronic, service-resistant addicts and offenders.
HARM REDUCTION

11. Harm Reduction
Defined: reducing negative consequences associated with drug use for an entire community
Incorporates a spectrum of strategies to meet drug users “where they’re at”.
-Harm Reduction Coalition

12. Implementing Harm Reduction
No ‘one-size-fits-all’ model
Requires community involvement
Requires dollars
Requires program management

13. The LEAD Example Law Enforcement Assisted Diversion- (Seattle)
Coordination between the Patrol Officer on the street and Case Managers
Uses the potential of criminal charges to encourage treatment, housing, employment-make people better, healthier.
DIFFICULT population. Must meet them “where they’re at”.

14. DA Role in the LEAD program
DA agrees to forgo charges as long as offender participates in the program, effectively ‘skipping’ the criminal justice process
Relies on community policing efforts to reach correct population
Requires coordinated effort with case managers to navigate social services

15. Next Steps Phase I-we are doing it Phase II-we can’t do it alone
Law Enforcement support is there. Need dollars to make it work in practice.
Help?

16. Questions?

17. Thank You Marion County District Attorney Walt Beglau
Marion County Deputy District Attorney Paige Clarkson